BREAKING NEWS: NCC files stay of execution of Judgment on APC

ITRealms

 … On ban of political shortcodes

 

Paul Usoro, SAN, counsel to NCC

As predicted by ITRealms, the Nigerian Communications Commission (NCC) has file a stay of execution of judgment over the suit in which the All Progressive Congress (APC) was claiming discrimination and was awarded N500m last Tuesday, March 24, 2015.

This follows a notice of appeal against the judgment of Justice Ibrahim Buba of the Federal High Court, Lagos that the Nigerian Communications Commission (NCC) violated the rights of the All Progressive Congress (APC) and awarded N500m as damages against the Commission.

The legal counsel to NCC, Mr. Paul Usoro (SAN) who made the application stated in a motion for stay of execution of judgement, the presiding judge erred in some seven instances.

NCC’s appeal, ITRealms gathered was in reaction to the judgement of March 24, 2015.

ITRealms recalled that APC filed its suit in January challenging the directive of the NCC contained in its letter of January 19, 2015 advising service providers not to be partisan in their advertisements and promotions run by them.

According to APC, this directive violated its fundamental human rights and there after claimed reliefs including monetary damages principally against the Commission and five other mobile operators namely, MTN, Etisalat, Glo, Airtel and Visafone.

Usoro, therefore pointed out that a notice of preliminary objection of March 2, 2015 challenging the jurisdiction of the Federal High Court, Lagos on the grounds that the suit disclosed no cause of action against NCC and APC’s claims and reliefs are alien to the provision of chapter iv of the 1999 constitution, were ignored by the judge.

The judge dismissed NCC’s preliminary objection on the grounds that the suit was indeed a fundamental human right suit, disclosed a cause of action against the Commission and granted generous damages of N500m to APC.

Usoro said that the stay of execution of the judgement and injunction are necessary pending the appeal. 

The Commission secured on Friday March 27, 2015 to settle the records of Appeal transmission to the Court of Appeal.

He also said that the stay of execution of judgement is to arrest and stop the colossal damages granted by the Federal High Court in favour of APC.

Usoro stressed that it is primarily to prevent APC from going ahead in executing or complying with the judgement pending the Appeal filed by the Commission.

“Whilst the injunction pending appeal will restrain the APC and indeed other respondents in the suit from implementing or enforcing or giving effect howsoever to the orders of the court as contained in the judgement, pending the determination of the Appeal filed by the NCC,” Usoro explained. 

The Appeal is on eight solid grounds including that:

·        1. The judge erred in law when he dismissed the Appellant’s  notice of  preliminary objection of March 2, 2015; which challenged the competence of the suit on the grounds that it was unmeritorious;

·        2. The learned  trial judge erred in law when he said the suit of the APC disclosed cause of action;

·     3.   The trial court misdirected itself in law and fact when it held that the suit fell under the context of chapter iv of the Nigerian constitution, of 1999 as amended;

·      4.  The trial court erred in law and occasioned grave miscarriage of justice;

·       5. The trial judge erred in law when he held that the Appellant has indeed discriminated against APC,

·      6.  The learned trial judge misdirected itself in law and on facts when it awarded N500m damages and compensation for APC.

·     7.   The judgement is against the weight of evidence and submissions before the trial court, among others.

Usoro further confirmed that though the appeal has been filed, but there no date yet fixed for the hearing of the stay in an Appeal Court.

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I’ve given INEC support to deliver free, fair, credible elections – Jonathan

ITRealms:

President Goodluck Ebele Jonathan has revealed his administration gave the Independent National Electoral Commission (INEC) all the necessary support to deliver free, fair and credible elections in the forthcoming coming 2015 general elections beginning tomorrow, Saturday, March 28 through April 11.

“I made a commitment on assumption of office to progressively deliver freer, fairer and more credible elections in our country,” Jonathan asserted.

ITRealms reports that President Jonathan made this assertion in his national broadcast delivered today Friday on the eve of the general elections 2015.

“In keeping with that commitment, the Federal Government has given the Independent National Electoral Commission (INEC) all necessary support to ensure that it conducts very successful elections tomorrow and on April 11,” President Jonathan assures.

On the other hand, he said that INEC has assured on its readiness for the elections, and he believe Nigerians trust they are certainly ready than ever before, especially prior to the rescheduling of 2015 general elections.

He expressed hope that millions of Nigerians who were yet to receive their Permanent Voters Cards (PVCs) as at February 14, and would have been unfairly disenfranchised if the polls had gone ahead  on that date, seized the opportunity of the re-scheduling to collect their cards and could now exercise their right to vote tomorrow.

He also commended the gallant Nigerian Armed Forces have successfully stemmed the seizure of Nigerian territories in the North-East by the terrorist group, Boko Haram. 

“They have recaptured most of the communities and territories formerly occupied by the insurgents, making it possible for thousands of internally-displaced Nigerians to begin returning to their homes and communities,” he noted.

President Jonathan further warned those who may be planning to ferment troubles, during and after the elections to rethink.

“Let me warn, however, that as President, Commander-In-Chief of the Armed Forces, I am under oath to protect the lives of all Nigerians and the security of our country at all times. I will never abdicate my responsibilities in that regard,” he said.

Democracy, he insisted allows dissent, but it encourages differences and even fervent disagreements, yet elections must never be mistaken for war or an opportunity to set fellow citizens against each other and tear a beloved nation apart.

+Remmy Nweke (ITRealms) 

Full text of President’s address:

Dear Compatriots,

1.            As we prepare to go to the polls tomorrow, I have come before you this morning to express my immense appreciation for the opportunity you gave me to lead this great nation of ours in the past four years.

2.           I also wish to place on record, once again, my sincere gratitude for the support you have given my administration without which the significant progress we have made in recent years would not have been possible.

3.           In spite of the many challenges we have had to contend with since 1999, our present democratic dispensation continues to endure and grow stronger in keeping with the yearnings and aspirations of our people.

4.           We have all worked very hard to nurture and strengthen our democratic institutions and promote the good governance practices which they were designed to deliver for the better well-being of our people.

5.           I believe I can say without fear of contradiction that we all clearly cherish the democracy we now have and will never willingly give it up for any other form of governance. 

6.           This much-cherished democracy of ours is about to be put to the test once again. 

7.           I urge you all to troop out en-masse to peacefully perform your civic duty of voting for leaders of your choice tomorrow.

8.          As we do so, let us all - political party leaders, contestants, party members, party agents, supporters and ordinary voters alike, be very conscious of the fact that the eyes of the entire world are on us. 

9.           We must therefore comport ourselves in a manner that will further strengthen our democracy and consolidate our place in the comity of truly democratic nations.

10.       I made a commitment on assumption of office to progressively deliver freer, fairer and more credible elections in our country. In keeping with that commitment, the Federal Government has given the Independent National Electoral Commission (INEC) all necessary support to ensure that it conducts very successful elections tomorrow and on April 11.

11.        We have all been assured that INEC is fully ready for the elections. I believe that we can all trust that they are certainly more ready now than they may have been before security issues and other concerns necessitated a re-scheduling of the dates for the 2015 general elections. 

12.       As an administration, we welcome the fact that millions of Nigerians who were yet to receive their Permanent Voters Cards (PVCs) as at February 14, and would therefore have been unfairly disenfranchised if the polls had gone ahead  on that date, have seized the opportunity of the re-scheduling to collect their cards and can now exercise their right to vote tomorrow.

13.       We are also glad that our gallant Armed Forces have successfully stemmed the seizure of Nigerian territories in the North-East by the terrorist group, Boko Haram. 

14.       They have recaptured most of the communities and territories formerly occupied by the insurgents, making it possible for thousands of internally-displaced Nigerians to begin returning to their homes and communities. 

15.       I heartily commend the very courageous men and women of our Armed Forces for the immense sacrifices which they continue to make in defending the nation and protecting its citizens. 

16.       I also thank all Nigerians for keeping faith with us over the past six weeks.

17.       I call on all political parties and politicians in the country to allow the free, unfettered will of our people to be expressed without any hindrance in the coming elections in keeping with the hallowed principles and tenets of democratic governance which we all profess.

18.      The will of the people freely expressed through the ballot is the bedrock of all democracies and ours cannot be an exception. 

19.       Let us all therefore be prepared, as true democrats, to graciously accept the outcome of the elections as the rightful choice of our people from whom all political powers in our democracy must emanate.

20.     My administration has done its utmost best in the past four years to deliver on our promise to positively transform our country. 

21.       Tomorrow’s election is another very important milestone as we continue our march towards the fulfillment of our God-given potential for greatness.

22.      The election offers us another opportunity to empower leaders of our choice once again, and to show the world that genuine democracy is alive and well in our beloved nation.

23.      I will like to restate my belief that no political ambition can justify violence or the shedding of the blood of our people.

24.      I reaffirm once again, my personal preparedness to ensure fair play during the elections and to deploy the resources and institutions of state only in the manner prescribed by our laws.

25.      Let me warn, however, that as President, Commander-In-Chief of the Armed Forces, I am under oath to protect the lives of all Nigerians and the security of our country at all times. I will never abdicate my responsibilities in that regard.

26.      Democracy allows dissent. It encourages differences and even fervent disagreements. But elections must never be mistaken for war or an opportunity to set fellow citizens against each other and tear our beloved nation apart.

27.       Those who may harbor any intentions of testing our will by unleashing violence during the elections in order to advance their political ambitions should think again as all necessary measures have been put in place to ensure that any persons who breach the peace or cause public disorder during or after the elections are speedily apprehended and summarily dealt with according to our laws.

28.     The nation’s security agencies are also fully prepared and ready to deal decisively with any group or persons who attempt to disrupt the peaceful conduct of the elections or cause any form of public disorder.

29.       Our dear country, Nigeria is the largest democracy amongst black nations of the world. We are a nation of great accomplishments, with a proud history of evolving affinities.

30.     Let us go out tomorrow to vote peacefully and set a fitting example of political maturity for other emerging democracies to follow.

31.       I wish you all and our dear nation, very peaceful and successful elections.

32.      May God Almighty continue to bless the Federal Republic of Nigeria.

33.      I thank you all. 

*NATIONAL BROADCAST BY PRESIDENT GOODLUCK EBELE JONATHAN, GCFR ON THE 2015 GENERAL ELECTIONS, FRIDAY, MARCH 27, 2015.

 
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ASCON Oil fire outbreak: No life lost

ITRealms:

Following the fire incident that occurred at Ascon Oil filling station at Lekki Phase 1 Thursday afternoon, ITRealms reports that aside being promptly contained, there was no life lost.

ITRealms also reports contrary to earlier speculations, the main building and the reservoirs were unaffected. 

Investigations showed that the incident emanated from a discharge at the point of offloading product from a tanker, engulfing two tankers and some vehicles parked by the road side. 

Ascon Oil, ITRealms gathered has always taken safety of lives and property seriously that was why they took the measure of building their discharge point away from the station's main activity. 

The company said it was an accident compounded by the current fuel scarcity in the country with ASCON Oil being one of the few stations with a reliable steady supply even in times of scarcity, but insisted that no life was lost to the incident.

The pumps, company sources told ITRealms were intact and emergency fire service officers were on site and were able to contain the flames.

Residents and passers-by, the company commended, showed solidarity with the company as they contributed in no small way to contain the flames.

ASCON Oil, therefore, wishes to reaffirm its commitment to serving its customers even in the face of accidents of this nature for which a company of its pedigree is always prepared.

 

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Co-pilot crashed Germanwings Flight 9525, terrorism suspected

A young German co-pilot barricaded himself alone in the cockpit of Germanwings flight 9525 and apparently set it on course to crash into an Alpine mountain, killing all 150 people on board including himself, French prosecutors said on Thursday, reports Reuters, even as act of terrorism has heightened as suspect.

They offered no motive for why Andreas Lubitz, 27, would take the controls of the Airbus A320, lock the captain out of the cockpit and deliberately set it veering down from cruising altitude at 3,000 feet per minute.

German police searched his home for evidence that might offer some explanation for what was behind Tuesday's crash in the French Alps.

The scenario stunned the aviation world. Within hours of the prosecutors' announcement, several airlines responded by immediately changing their rules to require a second crew member to be in the cockpit at all times. That is already compulsory in the United States but not in Europe.

Canada said it would now require it of all its airlines. EasyJet, Norwegian Air Shuttle and Air Berlin were among other carriers that swiftly announced such policies.

Among those that didn't was Germanwings parent company Lufthansa, whose CEO said he thought it was unnecessary. But the airline came under swift pressure on social media to make such a change and later said it would discuss it with others in the industry.

French and German officials said there was no indication Lubitz was a terrorist but offered no rival theories to explain his actions. Acquaintances described him as an affable young man who had given no sign of harmful intent.

Lubitz acted "for a reason we cannot fathom right now but which looks like intent to destroy this aircraft", Marseille prosecutor Brice Robin said. 

Setting the plane's controls for rapid descent was an act that "could only have been voluntary", Robin said. “He had... no reason to stop the pilot-in-command from coming back into the cockpit. He had no reason to refuse to answer to the air controller who was alerting him on the loss of altitude."

The captain, who had stepped out of the cockpit, probably to use the toilet, could be heard on flight recordings trying to force his way back in. "You can hear banging to try to smash the door down," Robin said.

Most of the passengers would not have been aware of their fate until the very end, he said: "Only toward the end do you hear screams," he said. "And bear in mind that death would have been instantaneous...the aircraft was literally smashed to bits."

FlightRadar24, an online air tracking service that uses satellite data, said it had found evidence the autopilot was abruptly switched from cruising altitude to just 100 feet, the lowest possible setting. The plane crashed at about 6,000 feet.

"Between 09:30:52 and 09:30:55 you can see that the autopilot was manually changed from 38,000 feet to 100 feet and 9 seconds later the aircraft started to descend, probably with the 'open descent' autopilot setting," Fredrik Lindahl, chief executive of the Swedish tracking service, said.

Lufthansa CEO Carsten Spohr said its air crew were picked carefully and subjected to psychological vetting.

"No matter your safety regulations, no matter how high you set the bar, and we have incredibly high standards, there is no way to rule out such an event," Spohr said.

Attention was focused on the motivations of Lubitz, a German national who joined the Lufthansa-owned budget carrier in September 2013 and had just 630 hours of flying time - compared with the 6,000 hours of the flight captain.

"Suicide" was the wrong word to describe actions which killed so many other people, Robin, the French prosecutor, said: "I don't necessarily call it suicide when you have responsibility for 100 or so lives."

The family of the co-pilot, whose age was earlier misstated as 28, arrived in France for a tribute alongside other victims. They were being kept apart from the others, Robin said.

Police searched the co-pilot's home in Montabaur, Germany, leaving with large blue bags of evidence and a computer. A man was led out of the building, shielded by police holding up jackets.

Acquaintances in the town said they were stunned. 

"I'm just speechless. I don't have any explanation for this. Knowing Andreas, this is just inconceivable for me," said Peter Ruecker, a long-time member of the local flight club where Lubitz received his flying license years ago.

"He was a lot of fun, even though he was perhaps sometimes a bit quiet. He was just another boy like so many others here."

A photo on Lubitz's Facebook page, which was later taken down, shows a smiling young man posing in front of San Francisco's Golden Gate bridge.

Investigators were still searching for the second of the two black boxes on Thursday in the ravine where the plane crashed, 100 km (65 miles) from Nice. This box would contain data from the plane's instruments.

Under German aviation law, pilots may temporarily leave the cockpit at certain times and in certain circumstances, such as while the aircraft is cruising.

Cockpit doors can be opened from the outside with a code, in line with regulations introduced after the Sept. 11, 2001 attacks in the United States, but the code can be overridden from inside the cockpit, making the door impenetrable.

Germanwings said 72 Germans were killed in the first major air passenger disaster on French soil since the 2000 Concorde accident just outside Paris. Madrid revised down on Thursday the number of Spanish victims to 50 from 51.

As well as Germans and Spaniards, victims included three Americans, a Moroccan and citizens of Britain, Argentina, Australia, Belgium, Colombia, Denmark, Israel, Japan, Mexico, Iran and the Netherlands, officials said. However, DNA checks to identify them could take weeks, the French government said.

The families of victims were being flown to Marseille on Thursday before being taken up to the zone close to the crash site. Chapels had been prepared for them with a view of the mountain where their relatives died.

(Additional reporting by bureaus in Paris, Berlin, Frankfurt and Madrid; Writing by Peter Graff; Editing by Mark Trevelyan)/GEE

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Pix: Andreas Lubitz-Suspected co-pilot who crashed Germanwing flight 4U9525